Indiana § 20-24-2-2 - Discrimination prohibited

§ 20-24-2-2. Discrimination prohibited

Sec. 2. A charter school is subject to all federal and state laws and constitutional provisions that prohibit discrimination on the basis of the following:

(1) Disability.

(2) Race.

(3) Color.

(4) Gender.

(5) National origin.

(6) Religion.

(7) Ancestry.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5.5-2-2.]

As added by P.L.1-2005, SEC.8.

IC 20-24-2.1Chapter 2.1. Indiana Charter School Board

20-24-2.1-1Establishment; membership 20-24-2.1-2Duties 20-24-2.1-3Repealed 20-24-2.1-3.5Appointment of executive director; removal for just cause; duties and powers 20-24-2.1-4Indiana charter school board fund; funding 20-24-2.1-5Repealed

IC 20-24-2.1-1Establishment; membership Sec. 1. (a) The Indiana charter school board is established for the purpose of authorizing charter schools throughout Indiana.

(b) The charter board is a statewide charter school authorizer composed of the following nine (9) members appointed to four (4) year terms:

(1) Four (4) members appointed by the governor. Not more than two (2) members appointed under this subdivision may be members of the same political party.

(2) One (1) member who has previous experience with or on behalf of charter schools appointed by the secretary of education.

(3) Four (4) members, who may not be legislators, appointed as follows:

(A) One (1) member appointed by the president pro tempore of the senate.

(B) One (1) member appointed by the minority leader of the senate.

(C) One (1) member appointed by the speaker of the house of representatives.

(D) One (1) member appointed by the minority leader of the house of representatives.

A member appointed under this subsection may not be removed by the member's appointing authority without cause before the end of the full four (4) year term.

(c) The governor shall appoint the chairperson of the charter board.

(d) A majority of the members appointed to the charter board constitutes a quorum. The affirmative votes of a majority of the members present are required for the charter board to take action.

(e) Each member of the charter board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(f) Members appointed to the charter board must collectively possess strong experience and expertise in:

(1) public and nonprofit governance;

(2) management;

(3) finance;

(4) public school leadership;

(5) higher education;

(6) school assessments, curriculum, and instruction; and

(7) public education law.

As added by P.L.91-2011, SEC.7. Amended by P.L.280-2013, SEC.9; P.L.270-2019, SEC.2; P.L.43-2021, SEC.69.

IC 20-24-2.1-2Duties Sec. 2. The charter board shall establish a process to:

(1) review a proposal to establish a charter school under IC 20-24-3-4;

(2) make a decision on the proposal as required under IC 20-24-3-9;

(3) monitor charter schools authorized by the charter board; and

(4) make decisions on the renewal, nonrenewal, and revocation of charters granted by the charter board.

As added by P.L.91-2011, SEC.7. Amended by P.L.280-2013, SEC.10; P.L.250-2017, SEC.2; P.L.139-2022, SEC.6.

IC 20-24-2.1-3RepealedAs added by P.L.91-2011, SEC.7. Repealed by P.L.139-2022, SEC.7.

IC 20-24-2.1-3.5Appointment of executive director; removal for just cause; duties and powers Sec. 3.5. (a) The charter board shall appoint an executive director to carry out the duties and daily operations of the charter board. The executive director may be removed by the charter board for just cause.

(b) The executive director's duties include the following:

(1) To carry out the duties and responsibilities of the charter board under this chapter.

(2) To hire staff as necessary to ensure efficient and effective operation of the charter board.

(3) To pay the reasonable and necessary traveling and other expenses of an employee, a member, or an agent of the charter board.

(4) To request from any public agency the assistance, services, and data that will enable the charter board to properly carry out the charter board's functions and powers.

(c) The executive director has financial and signatory powers necessary to ensure efficient and effective charter board operations. In addition, the charter board may authorize the executive director to carry out any or all of the charter board's powers under section 2 of this chapter unless otherwise prohibited by law.

As added by P.L.139-2022, SEC.8.

IC 20-24-2.1-4Indiana charter school board fund; funding Sec. 4. (a) Funding for the charter board consists of administrative fees collected under IC 20-24-7-4.

(b) The Indiana charter school board fund is established for the purpose of funding the charter board.

(c) The fund consists of administrative fees collected under IC 20-24-7-4.

(d) The charter board shall administer the fund.

(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund but remains available to be used for the purposes of this chapter.

(f) Money in the fund is appropriated continuously for the purposes of this chapter.

As added by P.L.91-2011, SEC.7. Amended by P.L.139-2022, SEC.9.

IC 20-24-2.1-5RepealedAs added by P.L.205-2013, SEC.228. Repealed by P.L.47-2014, SEC.2.

IC 20-24-2.2Chapter 2.2. Monitoring and Accountability of Sponsors

20-24-2.2-1Information on department website 20-24-2.2-1.2Registration with state board for chartering authority 20-24-2.2-1.5Authorizer; adoption of standards 20-24-2.2-2Repealed 20-24-2.2-2.5Repealed 20-24-2.2-3Repealed 20-24-2.2-4Repealed 20-24-2.2-5Authorizer access to education records; duty to protect personally identifiable data of students and their parents 20-24-2.2-6Repealed 20-24-2.2-7Relinquishment of authorizer status 20-24-2.2-8State board evaluation of state of charter schools in Indiana

IC 20-24-2.2-1Information on department website Sec. 1. The department and each authorizer shall establish a charter school page on the department's and the authorizer's website that includes information on the following:

(1) The authorizer's processes for the following:

(A) Monitoring approved schools at regular intervals.

(B) Establishing minimum standards for renewing a charter or not renewing a charter.

(C) Processes and standards for school closure, including the transfer of all student education records (as defined in IC 20-24-9-4.5) as provided in IC 20-24-9, and of academic records to other schools and postsecondary educational institutions.

(2) All pending applications for a charter.

(3) All approved applications for a charter.

(4) All rejected applications for a charter.

(5) The authorizer's annual report as required under IC 20-24-9.

As added by P.L.91-2011, SEC.8. Amended by P.L.280-2013, SEC.11; P.L.250-2017, SEC.3; P.L.191-2018, SEC.7; P.L.23-2026, SEC.169.

IC 20-24-2.2-1.2Registration with state board for chartering authority Sec. 1.2. (a) This section applies to an authorizer described in IC 20-24-1-2.5(1), IC 20-24-1-2.5(2), and IC 20-24-1-2.5(5) if the authorizer has not previously issued a charter for any charter school prior to July 1, 2015.

(b) A governing body of a school corporation may register with the state board for charter authority within the attendance area of the school corporation. The state board shall post on the state board's website an application received from an authorizer to register with the state board under this section within ten (10) days after receipt of the application. The state board may not charge an authorizer a fee to register with the state board under this section.

(c) A governing board of a nonprofit college or university described in IC 20-24-1-2.5(5) may apply to the state board for statewide, regional, or local chartering authority.

(d) The state board shall publicize to all governing bodies the opportunity to register with the state board for chartering authority within their school corporation. Not later than May 1 of each year, the state board shall provide information about the opportunity, including a registration deadline, to all governing bodies. To register as an authorizer, each interested governing body must submit the following information in a format prescribed by the state board:

(1) A written notification of intent to serve as a charter authorizer in accordance with this article.

(2) An explanation of the governing body's strategic vision for chartering.

(3) An explanation of the governing body's budget and personnel capacity and commitment to execute the duties of quality charter authorizing in accordance with this article.

(4) An explanation of how the governing body will solicit charter school applicants in accordance with IC 20-24-3.

(5) A description or outline of the performance framework the governing body will use to guide the establishment of a charter contract and for the oversight and evaluation of charter schools, consistent with this article.

(6) A draft of the governing body's renewal, revocation, and nonrenewal processes, consistent with this article.

(7) A statement of assurance that the governing body commits to serving as a charter authorizer in fulfillment of the expectations, spirit, and intent of this article, and that the governing body will fully adopt standards of quality charter school authorizing in accordance with section 1.5 of this chapter.

(e) Within sixty (60) days of receipt of the information described in subsection (d), the state board shall register the governing body as a charter authorizer within the attendance area of the school corporation and shall provide the governing body a letter confirming the governing body's registration as a charter authorizer. A governing body may not engage in any charter authorizing functions without a current registration as a charter authorizer with the state board.

(f) The state board shall establish an annual application and approval process, including cycles and deadlines during the state fiscal year, for registering an entity described in IC 20-24-1-2.5(5) for authorizer authority. Not later than May 1 of each year, the state board shall make available information and guidelines for an applicant described in IC 20-24-1-2.5(5) concerning the opportunity to apply for chartering authority under this article. The application process must require each applicant to submit an application that clearly explains or presents the following elements:

(1) A written notification of intent to serve as a charter authorizer in accordance with this article.

(2) The applicant's strategic vision for chartering.

(3) A plan to support the applicant's strategic vision described in subdivision (2), including an explanation and evidence of the applicant's budget and personnel capacity and commitment to execute the duties of quality charter authorizing in accordance with this article.

(4) A draft or preliminary outline of the request for proposals that the applicant would, if approved by the state board under this section, issue to solicit charter school applicants under IC 20-24-3.

(5) A draft of the performance framework that the applicant would, if approved by the state board under this section, use to guide the establishment of a charter contract and for ongoing oversight and evaluation of charter schools consistent with this article.

(6) A draft of the applicant's renewal, revocation, and nonrenewal processes.

(7) A statement of assurance that the applicant commits to serving as a charter authorizer in fulfillment of the expectations, spirit, and intent of this article, and that the applicant will fully adopt standards of quality charter school authorizing in accordance with section 1.5 of this chapter.

(g) Not later than July 1 of each year, the state board shall grant or deny chartering authority to an applicant under subsection (f). The state board shall make its decision on the merits of each applicant's proposal and plans submitted under subsection (f).

(h) Within thirty (30) days of the state board's decision under subsection (g), the state board shall execute a renewable authorizing contract with an applicant that the state board has approved for chartering authority. The initial term of each authorizing contract is six (6) years. The authorizing contract must specify each approved applicant's agreement to serve as a charter authorizer in accordance with this article and shall specify additional performance terms based on the applicant's proposal and plan for chartering. An approved applicant may not commence charter authorizing without an authorizing contract in effect.

(i) The state board shall maintain on the state board's website the names of each authorizer approved by the state board under this section.

As added by P.L.221-2015, SEC.3. Amended by P.L.23-2026, SEC.170.

IC 20-24-2.2-1.5Authorizer; adoption of standards Sec. 1.5. All authorizers shall adopt standards of quality charter school authorizing, as defined by a nationally recognized organization with expertise in charter school authorizing.

As added by P.L.280-2013, SEC.12. Amended by P.L.221-2015, SEC.4.

IC 20-24-2.2-2RepealedAs added by P.L.91-2011, SEC.8. Amended by P.L.280-2013, SEC.13; P.L.250-2017, SEC.4; P.L.143-2019, SEC.16; P.L.159-2019, SEC.3; P.L.156-2020, SEC.74. Repealed by P.L.211-2021, SEC.1.

IC 20-24-2.2-2.5RepealedAs added by P.L.159-2019, SEC.4. Amended by P.L.211-2019, SEC.19. Repealed by P.L.211-2021, SEC.2.

IC 20-24-2.2-3RepealedAs added by P.L.91-2011, SEC.8. Amended by P.L.6-2012, SEC.128; P.L.280-2013, SEC.14. Repealed by P.L.250-2017, SEC.5.

IC 20-24-2.2-4RepealedAs added by P.L.91-2011, SEC.8. Amended by P.L.280-2013, SEC.15; P.L.250-2017, SEC.6; P.L.159-2019, SEC.5. Repealed by P.L.211-2021, SEC.3.

IC 20-24-2.2-5Authorizer access to education records; duty to protect personally identifiable data of students and their parents Sec. 5. (a) The purpose of this section is to establish a cooperative relationship:

(1) between the department and an authorizer; and

(2) that fosters improved decision making related to charter schools authorized by the authorizer.

(b) An authorizer is considered a state educational authority within the meaning of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99).

(c) As used in this section, "covered records" refers to the following:

(1) Education records (as defined in 20 U.S.C. 1232g(a)(4), as in effect January 1, 2013) of students who enrolled in a charter school authorized by an authorizer that are in the possession of the department or the state board.

(2) Records in the possession of the department or the state board that relate to the evaluation of the performance of a charter school authorized by an authorizer or students who are enrolled in a charter school authorized by an authorizer.

(3) Records in the possession of the department or the state board that relate to the evaluation of the performance of certified employees employed by a charter school authorized by an authorizer.

(4) Records in the possession of the department or the state board related to the evaluation of the performance of an authorizer.

(5) Records in the possession of the department related to monitoring of the use of federal funds, due process complaints, mediations or hearings, and educator misconduct for a charter school authorized by an authorizer.

(d) Notwithstanding IC 5-14-3 or any other law, the department shall provide, without charge, an authorizer with either:

(1) electronic access to; or

(2) written copies of;

covered records, as requested by the authorizer, that relate to a charter school authorized by the authorizer or to the students or certified employees of the charter school. The department shall provide the covered records on a schedule determined by the authorizer.

(e) The department shall provide, without charge, an authorizer with a summary of the covered records that relate to a charter school authorized by the authorizer or to the students or certified employees of the charter school. The department shall provide the summary described in this subsection to the authorizer at least once each month. The authorizer may receive either paper copies of the summary or copies of the summary transmitted electronically, at the option of the authorizer. The summary must be sufficiently detailed to identify each category or collection of covered records. The department and the authorizer shall consult one another as necessary to carry out this section.

(f) An authorizer shall protect covered records received by the authorizer in a manner that will not permit the personal identification of students and their parents by persons other than officials of the authorizer who are directly involved in the authorization program or involved with studies related to charter schools authorized by the authorizer. An authorizer shall destroy personally identifiable data when the information is no longer needed for purposes of audit, evaluation, and enforcement of state and federal requirements related to the charter schools authorized by the authorizer.

As added by P.L.280-2013, SEC.16. Amended by P.L.233-2015, SEC.79; P.L.250-2017, SEC.7.

IC 20-24-2.2-6RepealedAs added by P.L.280-2013, SEC.17. Amended by P.L.250-2017, SEC.8; P.L.159-2019, SEC.6. Repealed by P.L.211-2021, SEC.4.

IC 20-24-2.2-7Relinquishment of authorizer status Sec. 7. An entity may relinquish its authorizer status by providing the state board a written statement describing the authorizer's intention not to be considered an authorizer and the reasons why the authorizer wishes to relinquish its authorizer status. The written statement must reflect the intention of the authorizer's governing body. The state board shall review and act on the authorizer's written statement and shall take all steps necessary to decommission the authorizer, including overseeing the orderly winding up of authorization activities, and ensuring the transfer of any charter school records or administrative fee balances due under IC 20-24-7-4 in the authorizer's custody.

As added by P.L.280-2013, SEC.18.

IC 20-24-2.2-8State board evaluation of state of charter schools in Indiana Sec. 8. Beginning in 2016, the state board shall provide a formal evaluation of the overall state of charter school outcomes in Indiana every five (5) years. The evaluation shall be posted on the state board's website.

As added by P.L.221-2015, SEC.5. Amended by P.L.23-2026, SEC.171.

IC 20-24-2.3Chapter 2.3. Indianapolis Charter School Board

20-24-2.3-1Application 20-24-2.3-2"Executive" 20-24-2.3-3Establishment of board 20-24-2.3-4Duties of board 20-24-2.3-5Staffing

IC 20-24-2.3-1Application Sec. 1. This chapter applies only to an authorizer that is the executive of a consolidated city.

As added by P.L.280-2013, SEC.19.

IC 20-24-2.3-2"Executive" Sec. 2. As used in this chapter, "executive" has the meaning set forth in IC 36-1-2-5(2).

As added by P.L.280-2013, SEC.19. Amended by P.L.77-2014, SEC.7; P.L.278-2019, SEC.174.

IC 20-24-2.3-3Establishment of board Sec. 3. (a) The Indianapolis charter school board is established.

(b) The Indianapolis charter school board is composed of the following nine (9) members appointed to four (4) year terms:

(1) Six (6) members are appointed by the executive.

(2) Three (3) members are appointed by the president of the city-county council for the consolidated city.

(c) The executive shall appoint the chairperson of the Indianapolis charter school board.

(d) A majority of the members appointed to the Indianapolis charter school board constitutes a quorum. The affirmative votes of a majority of the voting members appointed to the Indianapolis charter school board are required for the Indianapolis charter school board to take action.

As added by P.L.280-2013, SEC.19.

IC 20-24-2.3-4Duties of board Sec. 4. The Indianapolis charter school board, with assistance from the executive's office, shall establish a process to:

(1) review a proposal to establish a charter school under IC 20-24-3-4; and

(2) make a decision on the proposal and communicate the Indianapolis charter school board's decision to the executive's office with respect to the Indianapolis charter school board's decision to accept or reject the proposal;

and the executive shall notify an organizer of the Indianapolis charter school board's decision as required under IC 20-24-3-9.

As added by P.L.280-2013, SEC.19.

IC 20-24-2.3-5Staffing Sec. 5. The executive's office shall provide staff to carry out the duties of the Indianapolis charter school board under this chapter.

As added by P.L.280-2013, SEC.19.

IC 20-24-3Chapter 3. Establishment of Charter Schools

20-24-3-1Authorizer may grant charter 20-24-3-2Authorization of charter to nonprofit entities 20-24-3-2.5Contracting with education service providers 20-24-3-3Repealed 20-24-3-4Proposal to establish charter school; required contents 20-24-3-4.5Use of nationally recognized principles and standards for authorizing 20-24-3-5Repealed 20-24-3-5.5Public hearing by authorizer 20-24-3-6Repealed 20-24-3-7Revocation of charter 20-24-3-8Repealed 20-24-3-9Notification of acceptance or rejection of proposal 20-24-3-10Authorizer's notification of department; annual report by department 20-24-3-11Rejection of proposal; amendment or submission to another authorizer; appeal 20-24-3-12Repealed 20-24-3-13Repealed 20-24-3-14State educational institution authorizers 20-24-3-14.1Nonprofit college and university authorizers 20-24-3-15Repealed 20-24-3-16Service as organizer and authorizer prohibited 20-24-3-17Assignment of school corporation and school identification numbers 20-24-3-18.5Authorization of adult high schools 20-24-3-19Appointment of members to the board of certain charter schools 20-24-3-20Authorizer for charter school located within school city boundaries